Efficient And Effective Business Litigation

California’s legal responsibility to give workers rest breaks

On Behalf of | May 12, 2022 | Employment Law |

In California, there are laws that mandate that employees should take rest breaks and meal breaks for a specific amount of time and at a specific frequency. The types of breaks are not the same and it is important that the employees get what is mandated and what they need.

According to California employment law, government employees need to take 10-minute breaks during their work day. If that does not happen, the employer may be cited by the Occupational Safety and Health Administration (OSHA). That is a citation that the employer most likely does not wish to receive.

The specifics of the breaks

There are specific requirements when it comes to the breaks. According to California law, the breaks should be continuous and uninterrupted. Also, they should not be divided into smaller increments of minutes by the employer. The number of rest breaks that the employee gets throughout the day depends on how many hours that employee works (or has worked already).

According to the law, the employer should pay for the breaks that the employee takes. Even so, that does not mean that the employer has the right to interrupt the employee’s break for any reason. The mandate is that for every 3.5 hours that the employee works, they must take a 10-minute break. If they work over 6 hours, they must take another 10-minute break and a third break if they work over 10 hours. After 10 hours, the employee must take a rest break every 4 hours.

What employers are not allowed to do

There are some actions that are against the law when it comes to breaks. For example, employers are not allowed to lump all of the breaks that the employee must take into one break. The breaks must be spaced out so that the employee gets enough rest on the job. The law is designed to ensure that the employee does not burnout or become overtired.

Solid advice from an employment lawyer

If you have experienced a similar situation, it may be valuable to consult a California employment lawyer who can guide you through the process so that you can get what you deserve and protect your rights at the same time.